Falk v. Havemeyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Falk, from an. order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 21st day of' March, 1908, denying the plaintiff’s motion to be permitted to continue this action against the executors of the defendant.
1Opinion of the Court
Kich, J.:
On March 11, 1901, the plaintiff recovered a judgment against the defendant in an action brought to recover damages for an injury alleged to have been sustained through defendant’s negligence. From the judgment and order denying defendant’s motion for a new trial the defendant appealed to this court. On December 4, 1901, while such appeal was pending and undecided, the defendant died testate. On January 10, 1908, the judgment and order were reversed and a new trial granted (123 App. Div. 657). On January 16, 1908, the last will and testament of the deceased defendant was admitted to…
2Cases cited2 opinions
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Falk v. HavemeyerAppellate Division of the Supreme Court of the State of New York · 1908